Facts: Monique was recently married and two weeks after returning from her honeymoon she took her wedding dress to be dry cleaned at We Care Cleaners Pty Ltd. Monique explains that the dress is her wedding dress and therefore special to her.

After handing over the dress and paying for the cleaning Monique received a docket. On the reverse side of the docket was the following statement:

‘we accept no responsibility for goods damaged during the cleaning process’. Monique was running late so did not read the docket, but instead placed it quickly into her purse, knowing she would need it when she later returned to collect her dress.

We Care Cleaners Pty Ltd were very busy and as a result their staff did not take reasonable care of Monique’s dress and, as a result, it was damaged.

Required

Monique is very upset that her dress is damaged. She seeks your advice as to whether the dry cleaner is liable to compensate her for the damage caused. Note both the principles that apply in relation to exclusion clauses and the operation of ss 23, 24,64 and the consumer guarantees under the Competition and Consumer Act 2010 (Cth).